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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 16^TH DAY OF AUGUST, 2021

BEFORE

THE HON9BLE MRS.JUSTICE M.G.UMA

CRIMINAL PETITION NO.4239 OF 2021

BETWEEN :

Basavaraj

S/o. Siddappa Chunnappagol

Aged about 21 years

Occ: Student

R/o Nallanatti village

Gokak Taluk

Belagavi District - 591 218

&Petitioner

(By Sri. Arjun R. Khot, Advocate)

AND :

State by

Town Police Chitradurga

Represented by SPP

& Respondent

(BY SRI.K.S.Abhijith, HCGP)

This Criminal Petition is filed under Section 438 of Cr.P.C

praying to enlarge the petitioner on bail in the event of his arrest in

Cr.No.199/2020 registered by Chitradurga Town Police Station,

Chitradurga for the offences P/U/S 420, 120B, 465, 468, 471, 419

of IPC and Section 25 of Karnataka Education Act, 1983 as

amended upto date.

This Criminal Petition coming on for orders this day, the

court made the following:-

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O R D E R

The petitioner being alleged to be accused is before this

Court seeking grant of anticipatory bail in Crime No.199/2020

of Chitradurga Town Police Station, registered for the offences

punishable under Sections 420, 120B, 465, 468, 471, 419 of

the Indian Penal Code (for short 'IPC') and Section 25 of

Karnataka Education Act, 1983 as amended upto date, on the

basis of the first information lodged by the informant

K.V.Sridhar.

2.

Heard Sri. Arjun R. Khot, learned counsel for the

petitioner and Sri. K.S.Abhijith, learned HCGP for the

respondent - State. Perused the materials placed on record.

3.

Learned counsel for the petitioner submitted that

the petitioner is innocent and law abiding citizen. He has not

committed any offence as alleged. He has been falsely

implicated in the matter without any basis. Initially, accused

Nos. 1 and 4 were named in the F.I.R. Accused No.1 was

apprehended and he is already enlarged on bail by the trial

Court. During investigation accused Nos.5 was also arrayed

as accused and he has been enlarged on bail by the trial

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Court. Present petitioner is not required for custodial

interrogation. The petitioner is the permanent resident of the

address mentioned in the cause title to the petition and he is

ready and willing to abide by any of the conditions that would

be imposed by this Court. Hence, he prays to allow the

petition in the interest of justice.

4.

Per contra, learned High Court Government

Pleader

opposing

the

petition

submitted

that

serious

allegations are made against the petitioner for having

committed the offences. The present petitioner is absconding

since from the date of registration of case. He is alleged to

have engaged accused No.1 to write examination by

impersonation. Detailed investigation is required to be

undertaken. Under such circumstances, petitioner is not

entitled for grant of anticipatory bail. If the petitioner is

granted anticipatory bail, he may never turn up before the

Investigating Officer or may commit similar offences, threaten

or tamper the prosecution witnesses. Hence, he prays for

dismissal of the petition

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5.

In view of the rival contentions urged by learned

counsel for both the parties, the point that would arise for my

consideration is:

<Whether the petitioner is entitled for

grant of bail under Section 438 of Cr.P.C.?=

My answer to the above point is in 8Negative' for the

following:

R E A S O N S

6.

The materials placed on record prima facie

discloses that on the basis of complaint lodged by the

complainant, SHO of Chitradurga Town Police registered the

case against accused Nos.1, 2 and